Evidence required court to have instructed on defendant’s right to reasonably resist officer’s unlawful entry into defendant’s home.
Blakemore v. State, No. 49A02-0907-CR-614, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
Plea agreement to comply with “the statutory requirements of registering . . . as a sex offender,” when there were no such requirements at the time of conviction, could not justify ex post facto application during probation of subsequently-enacted registration obligation.
Smith v. Wrigley, No. 33A04-0912-CV-727, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Statutory requirement that inmate pay civil filing fees due to prior frivolous civil case dismissals does not violate Indiana Constitution Open Courts Clause.
White-Rodgers v. Kindle, No. 55A05-0906-CV-00308, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).
Nasser v. St. Vincents Hospital and Health Services, No. 49A02-0910-CV-955, __ N.E.2d__ (Ind. Ct. App., Apr. 14, 20010)
Medical causation opinion of nurse serving on medical review panel was not admissible as expert opinion under Evidence Rule 702 and thus could not be used in resolving summary judgment motion.